Merchants Bank of New York v Rosenberg
Motion No: 2005-06491
Slip Opinion No: 2006 NYSlipOp 76412(U)
Decided on September 25, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M44919

O/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-06491

Merchants Bank of New York, etc., respondent,

v Joshua Rosenberg, et al., defendants; Esther

Rosenberg, et al., appellants.

(Index No. 28322/03)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated May 12, 2005, which was determined by decision and order of this court dated July 11, 2006, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

MILLER, J.P., SCHMIDT, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court